PROCEDURE-COURT

Nonpayment Proceeding Dismissed Due to Defective Rent Demand

June 26, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. The court ruled for tenant, finding that landlord's predicate rent demand consisted of a rent ledger that...

Court Rescinds Administrative Order Requiring Special Notice in Eviction Cases During Pandemic

June 26, 2024    

On April 3, 2024, the Chief Administrative Judge of the Courts of New York issued Administrative Order Number 143 of 2024, which rescinded a number of prior administrative orders issued during 2020 and 2021 to...

Landlord Can't Claim Rent-Stabilized Tenant Is Mere Licensee

June 26, 2024    

Landlord sued to evict apartment occupant after serving a 10-day notice to quit, even though the occupant had moved into the apartment under a fully executed one-year rent-stabilized lease. Landlord claimed that...

Five Days Must Be Added to 14-Day Rent Demand to Allow for Service by Nail-and-Mail

June 25, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's rent demand didn't provide sufficient notice. The court ruled for tenant. The 14-day...

Eviction Case Against Occupants Dismissed for Failure to Name Tenant's Estate as Party

June 25, 2024    

Landlord sued to evict "John Doe" and "Jane Doe," who occupied tenant's apartment after tenant died. The occupants asked the court to dismiss the case because it hadn't named the tenant...

Landlord Fined $5,000 for Commencing Frivolous Eviction Proceeding Against Tenant

June 25, 2024    

Landlord sued to evict tenant for nonpayment of rent in the amount of $248 and obtained a default judgment against tenant. Tenant then asked the court to vacate the default judgment, dismiss the case, and sanction...

Building's C of O Didn't Reflect Conversion to Class A Multiple Dwelling

May 24, 2024    

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed back rent of $13,800. The court ruled for landlord based on tenant's default, but the parties agreed to reopen the case after tenant...

Landlord Failed to Comply with CARES Act

May 23, 2024    

Landlord sued to evict tenant for nonpayment of rent. The court granted tenant's request to dismiss the case. Landlord failed to state a cause of action in its petition and didn't provide necessary...

Landlord Didn't Comply with Williams Consent Decree

May 23, 2024    

Landlord sued to evict NYCHA tenant, who claimed landlord's papers weren't properly served. The court held a traverse hearing and dismissed the case. Under RPAPL Section 735, proper service of the petition...

Tenant's Appeal of OTDA Denial of ERAP Application Must Be Filed in Albany County

May 23, 2024    

Tenant sued for judicial review of several OTDA decisions denying his applications for ETPA rental assistance benefits. OTDA asked the court to dismiss the case as time-barred or, alternatively, to transfer the case...

Landlord Had No Standing to Challenge Tenant's Right to Legal Services

March 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. Tenant obtained legal representation with Manhattan Legal Services through the Universal Access to Counsel program, which provided legal services to income-...

Landlord Awarded $45,000 Judgment in Summary Proceeding After Tenant Moves Out

March 27, 2024    

Landlord sued to evict tenant for nonpayment of rent. Landlord later asked the court for permission to amend its petition and for summary judgment without trial. The court ruled against landlord, who appealed and won...